IMMIGRATION HEIGHTENED IMMIGRATION
FP’S EMPLOYER RESOURCES
If you have any questions about these developments or how they may affect your business, please contact any member of our Immigration Practice Group. Our Employers’ Rapid Response Team (877-483-7781 or DHSRaid@ fisherphillips.com) is on call to provide immediate legal counsel when a raid occurs, assist with documentation and compliance review, and provide post- raid support and strategy assistance.
DHS TAKES SWIFT ACTION A rule took effect on April 11 requiring certain noncitizens to register with the government, provide biometric data, and carry proof of registration. Read more here. DHS Secretary Kristi Noem has also focused on ending or shortening certain programs granting temporary status, including deportation protections for certain Haitian nationals.
10 IMMIGRATION ORDERS SIGNED ON DAY ONE These executive orders, among other things, declared a national emergency at the U.S.-Mexico border, reinstated the “remain in Mexico” policy, terminated the asylum related mobile app, and designated Mexican criminal cartels as terrorist organizations. Read more about the executive orders here.
ENFORCEMENT The Trump administration has been carrying out its plans for mass deportations, workplace raids, and more. With former ICE Acting Director Tom Homan serving as the new border czar, businesses have been feeling the impact. Additionally, Attorney General Pam Bondi has promised that the DOJ will use “all available criminal statutes to combat the flood of illegal immigration . . . and to support the DHS’s immigration and removal initiatives.” LEGAL BATTLES ENSUE Federal judges have blocked attempts to: terminate TPS for Venezuelans; end a program that allows Cubans, Haitians, Nicaraguans and Venezuelans to temporarily live and work in the U.S.; and end automatic birthright citizenship for children of undocumented immigrants. SCOTUS has agreed to hear the birthright citizenship case and is expected to issue a decision by late June or early July.
DATA-SHARING EFFORTS RAISE IMMIGRATION STAKES
An April 7 agreement between the IRS and ICE enables immigration agents to access tax filings to support non-tax criminal investigations—particularly when it comes to worksite enforcement. The next day, the Social Security Administration announced it was repurposing its “death master file” – which is typically used to identify deceased individuals – to financially disable certain migrants whose legal status has been revoked. Read more about these developments here.
Predictions for Next 100 Days... and Beyond
Shanon R. Stevenson Partner Atlanta sstevenson@fisherphillips.com Jocelyn Campanaro Partner Denver jcampanaro@fisherphillips.com
David S. Jones Regional Managing Partner Memphis djones@fisherphillips.com
The Trump administration will continue its momentum related to immigration enforcement—and employers can expect more scrutiny of work authorization, PERMs, and visa programs. Consider conducting regular internal audits of I-9s and employment verification documents and establishing clear policies and procedures for responding to immigration enforcement actions.
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